127BCommunication to counsellor

127B Communication to counsellor

(1)  In this section –

counselling communication means a communication made before, on or after the commencement of this Act in circumstances that give rise to a reasonable expectation of confidentiality or a duty of confidentiality if the communication is made –

(a) by a victim of a sexual offence to a counsellor in the course of counselling or treatment of the victim by the counsellor for any emotional or psychological harm suffered in connection with the offence; or

(b) to, or in relation to, that victim for the purposes of that counselling or treatment;

counsellor means a person –

(a) whose profession or work consists of or includes the provision of psychiatric or psychological therapy to victims of sexual offences; or

(b) who provides, for fee or other reward or on a voluntary basis, psychiatric or psychological therapy to victims of sexual offences for or at the direction of a body or organisation that provides such therapy to such victims;

victim includes alleged victim.

(2)  For the purposes of the definition of "counselling communication", in determining whether a communication was made in circumstances that gave rise to a reasonable expectation of confidentiality or a duty of confidentiality it does not matter that the communication was made in the presence of a third party if the third party's presence was necessary to facilitate communication or further the counselling process.

(3)  A counselling communication must not be disclosed in any criminal proceedings unless the victim has consented to the disclosure.

(4)  A person must not be required, in or in connection with any criminal proceedings, to produce a document that records a counselling communication unless the victim has consented to the production of the document.

(5)  Evidence of a counselling communication must not be adduced or admitted in any criminal proceedings unless the victim has consented to the adducing or admission of the evidence.

| Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |